Ward v. Frick Co.

Atkinson, Justice.

The pleading act of 1893 (Acts 1893, p. 56) is highly remedial in its purposes. It was not designed to advance the interests of plaintiff's alone, but its purpose, while simplifying procedure, was to make more speedy the trial of civil cases by rendering more certain the issues to be tried. It therefore requires that all exceptions to declarations and pleas shall be heard and determined .at the first term; and before they can be heard, they must at that term first be taken. If the declaration of the plaintiff is insufficient in law, or if for any reason the same be not…